New Hampshire Security Deposit Small Claims: RSA 540-A Explained

The 30-Day Rule Under RSA 540-A

Under RSA 540-A:7, a landlord generally has 30 days from termination of the tenancy to return the security deposit. If making deductions, the landlord must provide a written, itemized list.

If the landlord fails to comply with RSA 540-A:7, RSA 540-A:8 provides statutory damages. The calculation is twice the sum of the deposit and any interest due, less payments made and specified lawful charges. A landlord is not liable under these provisions if the failure to comply is due to the tenant not notifying the landlord of a new address upon termination of the tenancy.

A $1,500 security deposit that the landlord never returned or accounted for, with no lawful deductions, could support statutory damages of $3,000 plus twice any interest due. That fits well within the $10,000 jurisdictional cap.

What You Need to Prove

The elements of a security deposit claim are specific:

Your tenancy ended. Under RSA 540-A:7, the landlord's 30-day return period runs from termination of the tenancy. Keep records showing that date and when you surrendered the premises.

The landlord failed to return the deposit or provide an itemized statement within 30 days. One or the other — a landlord who provides a timely, honest itemization but deducts legitimate repair costs has not violated the statute.

The deductions were not legitimate. If the landlord did send an itemized statement, you can challenge the deductions. Normal wear and tear is not a valid deduction. A faded carpet after three years of occupancy is wear and tear. A hole punched in the wall is damage. Photographs of the unit at move-in and move-out are your best evidence for this argument.

Filing the Claim

File through TurboCourt. Name the landlord — if they are an individual, name the person; if a property management LLC, look up the registered entity name on the NH Secretary of State's QuickStart database.

Filing fees depend on the claim amount:

• Claim of $5,000 or less: $125
• Claim of $5,001–$10,000: $180

In the factual statement, reference RSA 540-A specifically, state the date you moved out and surrendered keys, the amount of the original deposit, and whether the landlord provided any response within 30 days.

What Landlords Argue Back

Expect the landlord to claim the deductions were for damage beyond normal wear and tear. They may present repair invoices or contractor estimates. Photographing the unit at move-in — and at move-out — is the single most effective counter to inflated damage claims.

Some landlords argue the tenant did not actually "surrender" the premises by the claimed date. If there is any ambiguity, a written notice to the landlord confirming your move-out date and key return — sent before or on the day you leave — can help document the timeline.

If the landlord sent an itemized statement within 30 days but you believe the deductions were not permitted, you can challenge them. RSA 540-A:8 sets statutory damages based on twice the sum of the deposit and interest due, less payments made and specified charges.

Mediation and the Hearing

Claims at $5,000 or under go to a voluntary mediation session at the pretrial hearing. Claims over $5,000 (which would mean a deposit over $2,500 when doubled) trigger mandatory mediation.

Many security deposit cases settle at mediation. Landlords often prefer to pay a negotiated amount rather than risk a double-damages judgment on the record. Bring all your documentation to the mediation: the lease, move-in and move-out photos, any correspondence with the landlord, and the landlord's itemized statement (or proof that none was received).

Get the Full Process

Our New Hampshire small claims filing guide covers security deposit claims from the demand letter through judgment collection, with fillable worksheets for tracking deadlines and organizing evidence so nothing gets lost before your hearing.

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